LAC 46:XXV.1057. Summary Suspension and Other Interim Action

A. Pursuant to R.S. 37:2717(B)(6), when the administrator or prosecuting officer believes that protection of the public health, safety, or welfare imperatively requires emergency action on a complaint at any stage of the disciplinary process, the administrator, prosecuting officer, or both may petition the chair for a summary suspension of a licensee or any other temporary, interim action against a licensee or applicant. B. The petition must be in writing, must clearly identify the threat to the public health, safety, or welfare presented by the licensee, and must state the interim action sought. The petition must be filed with the chair. C. Upon receipt of a petition pursuant to this section, the chair will immediately appoint a limited panel who will hear and adjudicate the petition. The limited panel will convene a hearing no more than 10 days after the chair’s receipt of the petition. D. The respondent shall be notified of the petition and the hearing as quickly as reasonably possible by the administrator or prosecuting officer. The respondent must be permitted to be heard if the respondent requests it. A hearing without notice to the respondent and an opportunity to be heard is null except under the most extraordinary of circumstances whereby advance notice of the petition and hearing to the respondent would result in additional harm to the public health, safety, or welfare. E. The limited panel shall render its decision in writing and serve it on all parties as quickly as practicable. F. The respondent may, at any time, move to dissolve any interim action taken against them by filing a motion to dissolve with the chair. To dissolve the interim action, the respondent must establish that either: 1. The petition for interim action was improvidently granted, or 2. The threat to the public health, safety, or welfare occasioned by the respondent’s acts or omissions no longer exists. G. Motions to dissolve must be heard by the same limited panel that heard the initial petition for interim action. H. Interim action may be modified upon motion of a party or on the limited panel’s own motion. Interim action dissolves upon dismissal or final adjudication of the underlying complaint.